Manoj Kumar @ Manoj Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10692 of 2019 Arising Out of PS. Case No.-35 Year-2019 Thana- KADAMKUAN District- Patna ====================================================== MANOJ KUMAR @ MANOJ MAHTO, Male, aged about 46 years, Son of Late Kameshwar Mahto, Resident of Mohalla- Rajendra Nagar Road, Rajendra Chaudhary Lab Ke Bagal Me, P.S.- Kadam Kuan, District- Patna ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Manish Kumar No.2, Adv.

For the Opposite Party :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-02-2019 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioner is languishing in judicial custody since 16.01.2019 in connection with Special Case No. 611 of 2019 arising out of Kadamkuan P.S. Case No. 35 of 2019 for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that on secret information that one person is selling illicit liquor the police conducted a raid in the house of the petitioner and recovered 33 liters of Indian made foreign liquor. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that nothing has been recovered from his conscious possession and he undertakes to cooperate in the investigation, not induce

Patna High Court Cr.Misc. No.10692 of 2019(2) dt.22-02-2019 2/2 witnesses or tamper with the prosecution evidence. However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Special Case No. 611 of 2019 arising out of Kadamkuan P.S. Case No. 35 of 2019 to the satisfaction of the learned Special Judge, Excise, Patna, subject to the following conditions :

(i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (ii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds. (Nilu Agrawal, J) Shamshad/- U T